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Main St 5th to 9th, Final AccepMEMORANDUM December 10, 2002 TO:The Honorable Mayor and City Council Members FROM:Michael C. Van Milligen, City Manager SUBJECT:Main Street from Fifth to Ninth Street Public Works Director Mike Koch is recommending acceptance of the construction contract for the Main Street Reconstruction Project - Fifth to Ninth Streets, as completed by Portzen Construction, in the final contract amount of $2,110,113.35, and approving the final schedule of assessments. Based upon final construction costs, the final amount of the special assessments for the paving improvement has been decreased by 15.96% below the preliminary estimates that were mailed to the property owners. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Michael A. Koch, Public Works Director CITY OF DUBUQUE, IOWA MEMORANDUM December 10, 2002 TO:Michael C. Van Milligen, City Manager FROM:Michael A. Koch, Public Works Director SUBJECT:Main Street from Fifth to Ninth Street INTRODUCTION The enclosed resolutions provide for the acceptance of the construction contract for the Main Street Reconstruction Project - Fifth to Ninth Streets and the establishment of the final assessments. DISCUSSION Portzen Construction, Inc. has completed the reconstruction of Main Street from Fifth to Ninth Streets in the amount of $2,110,113.35. Based upon final construction costs, the final amount of the special assessments for the paving improvement has been decreased by 15.96 percent (15.96%) below the preliminary estimates that were mailed to the property owners. The project provided for the complete removal of the existing Plaza surface in preparation of the construction of a two-way, 24-foot wide concrete pavement with sidewalks and amenities behind the curb. The Town Clock remained in its location, with traffic diverted around both side of the clock structure. Cutouts for short-term parking were provided on both sides of the street in selected areas. In those areas without parking, additional space was provided for trees, benches, trash receptacles, and streetlights. The project was assessable, with 25 percent (25%) of the street cost assessed, less watermain, fiber optic conduit, and other typical items paid totally by the City. RECOMMENDATION I would recommend that the City Council accept the improvements and that the final contract be established at $2,110,113.35. BUDGET IMPACT A summary of the project is as follows: Bid Final Construction Contract Contingency Inspection Construction Staking $1,939,870.39 $2,110,113.35 234,110.59 0 221,000.00 198,786.00 30,000.00 23,867.00 Total Project Cost $2,424,980.98 $2,332,766.35 The project will be funded as follows: Bid Final General/DRA Distribution TIF-Backed General Obligation Special Assessment to Property Owners Special Assessment to City-Owned Property $ 919,467,02 $ 807,823.36 1,000,000.00 1,000,000.00 439,531.08 456,424.11 65,982.88 68,518.88 Total Project Funding $2,424,980.98 $2,332,766.35 ACTION TO BE TAKEN The City Council is requested to adopt the final resolutions accepting the improvement, establishing the final contract amount, and approving the final schedule of assessments. MAK/vjd Prepared by Michael Felderman, Civil Engineer cc: Pauline Joyce, Administrative Services Manager Michael Felderman, Civil Engineer RESOLUTION NO. 656-02 ACCEPTING IMPROVEMENT Whereas, the contract fo~ the Main Street Reconstruction Project - Fifth to Ninth Streets has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the DRA Distribution Fund, General Fund, and the TIF-Backed General Obligation Funds in amounts equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 16th day ofl~eem~be~ Karen M Chesterman, Deputy City Clerk ,2002. T~rance M. Dug~a~(ayor RESOLUTION NO. 6_57-02 FINAL ESTIMATE Whereas, the contract for the Main Street Reconstruction Project - Fifth to Ninth Streets has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $2,332,766.35 and the said amount shall be paid from the DRA Distribution Fund, General Fund, and the TIF-Backed General Obligation Funds of the City of Dubuque, Iowa. Section 2. That $524,942.99 of the cost thereof shall be assessable upon private property and $1,807,823.36 shall be paid from the DRA Distribution Fund, General Fund, and the TIF-Backed General Obligation Funds. Passed, approved and adopted this 16th day of Dece,~er ., 2002. Attest: Karen M. Chesterman, Deputy City Clerk December 20, 2002 TO: KAREN M. CHESTERMAN DEPUTY CITY CLERK The undersigned hereby acknowledged receipt of the certified copy of Resolution No. 658-02 "Resolution Adopting the Final Assessment Schedule for the Main Street Reconstruction Project- Fifth to Ninth Streets" including certain information required by the Code of Iowa, specifically, the number of annual installments into which assessments are divided, the interest on all unpaid installments, the time when the assessments are payable and directing the Clerk to certify the Final Schedule and to publish Notice thereof. Dated at Dubuque County Treasurer's Office this 20th day of December, 2002.' Dubuque County Treasurer s Office /s/ Eric Stierman RESOLUTION NO. 658-02 A RESOLUTION ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE MAIN STREET RECONSTRUCTION PROJECT - FIFTH TO NINTH STREETS INCLUDING CERTAIN INFORMATION REQUIRED BY THE CODE OF IOWA, SPECIFICALLY, THE NUMBER OF ANNUAL INSTALLMENTS INTO WHICH ASSESSMENTS ARE DIVIDED, THE INTEREST ON ALL UNPAID INSTALLMENTS, THE TIME WHEN THE ASSESSMENTS ARE PAYABLE AND DIRECTING THE CLERK TO CERTIFY THE FINAL SCHEDULE AND TO PUBLISH NOTICE THEREOF NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the final schedule of assessments and accompanying plat showing the assessments proposed to be made for the construction of the Main Street Reconstruction Project - Fifth to Ninth Streets under contract with Portzen Construction, Inc. of Dubuque, Iowa, which final plat and schedule were filed in the office of the City Clerk on the 20th day of December, 2002, the said schedule of assessments be and the same is hereby approved and adopted. That there be, and is hereby assessed and levied as a special tax against and upon each of the lots, the respective sums indicated. Provided, further, that the amounts shown in said final schedule of assessments as deficiencies are found to be proper and levied conditionally against the respective properties benefited by the improvements as shown in the schedule, subject to the provisions of Section 384.63 of the Code of Iowa. Said assessments against said lots are hereby declared to be in proportion to the special benefits conferred and not in excess of twenty-five percent of the value of same. That the City Clerk be and is hereby directed to certify said schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Section 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the final schedule. On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided and directed in Section 384.60 of the Code of Iowa. That assessments may be paid in full or in part without interest at the office of the County Treasurer, at any time within 30 days after the date of the first publication of this notice of the filing of the final schedule of assessments with the County Treasurer. After 30 days unpaid assessments of $50.00 or more are payable in 10 annual installments and will draw annual interest at nine percent (commencing on the date of acceptance of the work) computed to the December 1 next following the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July 1 of each year. Property owners may elect to pay any annual installments semiannually in advance. Passed, approved and adopted this Karen M. Chesterman, Deputy City Clerk day of December ., 2002. ' PORTZEN CONSTRUCTION, INC. 205 Salina Street Dubuque, la. 52003 563-557-7642 (Phone) 563-557-9048 (Fax) FINAL PAYMENT FORM ITEM DEMOLITION & Grabbing 3" to 9" &Gmbbin 9" to 12" 0fFountain Demolition (partial) Clock Tower Base Demolition of Planters Remove and Salva Brick Pavers and Limestone Block at 8th Street Demolition of Plaza Slab & Sidewalks Demolition - Miscellaneous & Gmbbin ROADWAY Excavation, Unclassified Select Granular Subbase ACC Hand Patching Wall PCC Modifications at Clok Tower PCC Stairs PC Concrete Pavement, 8", Class "C", Colored PC Concrete Pavement, 8", w/Integral Curb, Class "C", Standard Color Removal of Concrete Pavement (w/curbs} PCC Concrete Curb & gutter Placement ['CC Sidewalk, 6", Colored and Stamped ?CC Sidewalk, 6", Colored ?CC Sidewalk, 6", Standard Color STORM SEWER PCP Storm Sewer 15" PCP Storm Sewer 18" Project: Main Street Estimator: Bob B. Date: 12/4/02 Amount Unit Cost Earned to Date % Comp. $75.00 26.00 1,950.00 113.04 $200.00 35.00 7,000.00 100.00 $9,715.00 1.00 9,715.00 100.00 $6,570.00 1.00 6,570.00 100.00 $7,575.00 1.00 7,575.00 100.00 $2,585.00 1.00 2,585.00 100.00 $675.00 30.00 20,250.00 120.00 $3,060.00 1.00 3,060.00 100.00 $7.95 297.22 2,362.90 100.41 $0.50 72,660.18 36,330.09 84.49 $23,934.00 1.00 23,934.00 100.00; $0.25 16,167.00 4,041.75 106.55 $18.00 81.00 1,458.00 81.00 $7.59 4,831.50 36,236.25 107.37 $10.40 2,976.23 30,952.79 190.78 $10.50 4,472.28 46,958.89 t20.87 $100.00 1.43 143.00 1.43 $53.00 278.65 14,768.45 92.88 $48,540.00 1.00 48,540.00 100.00 $804.00 5.00 4,020.00 100.00 $61.00 2,503.11 152,689.71 106.74 $35.00 3,642.61 127,491.35 100.76 $4.00 2,633.27 10,533.08 29.27 $25.00 7.40 185.00 6.17 $7.49 6,920.68 51,835.89 105.24 $4.85 37,237.06 180,599.74 97.02 $3.05! 2,974.84 9,073.26 206.59 40.00 6,000.00 235.29 $21:00 345.00 7,245.00i 97.46 $24.00 169.00 4,056.00 103.74 Page 1 ITEM RCP Storm Sewer 24" RCP Storm Sewer 30" Storm Sewer Manhole, Remove and Replace 48 ", Complete Storm Sewer, Manhole Base 48" Storm Sewer, Manhole Sidewall 48" Stoma Sewer, Manhole Ring & Cover Storm Sewer, Intake 101-B ~.-3246-~ Removal Storm Sewer Pipe Connect to Existin8 Storm Seeer WATERMAIN Removal of Existing Water Main Watermain 6" DIP~ Push on Joint w/Polywarp, Class 52 ~ Hydrant Lead Watermain 8" DIP, Push on Joint w/Polywarp, Class 52 Watermain 20" DIP, Push on Joint w/Polywarp, Class 52 20x20x6 Mi Tee 1 Tee MJ (8") RS "O" Ring MJ 'o" RS "O" Ron8 MJ ~ Box, as detailed on Plan Sheet C4.2 MJ Water Service Line, 3/4" Copper pipe ROADWAY MISCELLEOUS Removal Intakes and Manholes 4" dia Subdrain Outlet to Intake Sawcut Concrete Pavement Markin~ ELECTRICAL 1/2" Schedule 80 PVC 1" Schedule 80 PVC 1-1/4" Schedule 80 PVC 1-1/2" Schedule 80 PVC 2" Schedule 80 PVC 2" Schedule 80 PVC w/pull wire Page 2 Amount Unit Cost Qty.to Date Earnedto Date %Comp. 417.10 13,972.85 140.39 $44.00 298.30 84.53 2.00 11,900.00 100.00 $375.00 1.00 375.00 $95.00 6.85 650.75 76.11 $275.00 2.00 550.00 200~00 $1,175.00 14.( 140.00 $5.00 1,225.00 6,125.00 98.00 $350.00 7.00 2,450.00 350.00 $7.50 212.58 1,594.35 109.02 $34.00 86.07 2,926.38 $38.00 74.08 2,815.04 370.40 $90.00 94.75 8,527.50 94.75 $1,590.00 1.00 1,590.00 100.00 $1,600.00 1.00 1,600.00 100.00 $700.00 3.00 2,100.00 300.00 $850.00 3.00 2,550.00 300.00 $3,300.00 2.00 6,600.00 200.00 $350.00 4.00 1,400.00 100.00 $700.00 2.00 1,400.00 100.00 $1,400.00 2.00 2,800.00 100.00 $750.00 4.00 3,000.00 400.00 $24.00 120.00 2,880.00 61.54 $750.00 4.00 3,000.00 100.00 $500.00 4.00 2,000.00 100.00 $600.00 1.00 600.00 100.00 $250.00 16.00 4,000.00 69.57 $6.50 150.00 975.00 30.00 $6.75 40.00 1.45 $50,00 14.00 700.00 60.87 $3.00 1,105.46 3,316.38 37.27 $24.00 $3.76 210.00 789.60 100.00 $3.47 50.00 173.50 100.00 $4.91 230.00 1,129.30 100.00 $3.69 40.00 147.60 100.00 $4.81 2,890.00 13,900.90 I00.00 $4.96 1,850.00 9,176.00 98.93 Amount ITEM Unit Unit Cost Qty.to Date Earned to Date % Comp. 3-1/2" Schedule 80 PVC LF $8.98 450.00 4,041.00 112.50 5" Fiber Optic Duct w/4-1" Inner Ducts LF $29.24 1,600.00 46,784~00 99,07 Electrical Cable #10 XHHW LF $0.38 6,310.Q0 2,397.80 t 19.06 Electrical Cable #8 XHHW LF $0.61 200.00 122.00 83.33 Electrical Cable #6 XHHW LP $0.59 26,730.00 15,770.70 93.07 Electrical Cable #500 MCM XHHW LF $4.56 1,040.00 4,742.40 64.20 Electrical Cable #6 Gnd for Signals LF $0.68 220.00 149.60 100.00 Steel Street Light Pole with PC Base Each $4,430.00 32.00 141,760.00 96.97 Steel Street Light Pole with PC with PCC Base Each $4,470.00 3.00 13,410.00 100.00 Lighted Bollard with PCC Base Each' $2,860.00 6.00 17,160.00 100.00 Feeder for Future Accent Lighting on Clock Tower LS $625.00 1.00 625.00 100.00 Unlighted Bollard with PCC Base Each $2,150.00 20.00 43,000.00 100.00 Recessed Light in Gate Structure/Clock Base Each $850.00 12.00 10,200.00 100.00 ?ull Box Each $1,300.00 2.00 2,600.00 100.00 Handhole Each $815.00 15.00 12,225.00 150.00 Fiber Optic Pull Box Each $1,930.00 6.00 11,580.00 150.00 Traffic Signal Pedestal Each $985.00 4.00 3,940.00 100.00 Electrical Service w two Panels with PCC Base Each $12,315.00 3.00 36,945.00 100.00 Stage Service LS $9,600.00 1.00 9,600.00 100.00 Existing Circuit Reconnection Each $56.40 43.00 2,425.20 100.00 Temporary Lighting Each $1,400.00 9.00 12,600.00 100.00 LANDSCAPING Street Trees, 2-1/2" Each $325.00 20.00 6,500.00 100.00 Oraamenta[ Trees for Planters, 6~ B & B Each $341.00 10.00 3,410.00 100.00 Evergreen Skrubs, 5 Gal. Each $39.00 5.00 195.00 100.00 Deciduous Shrubs, 18" Each $45.00 15.00 675.00 100.00 Grasses, I Gal. Each $13.00 37.00 481.00 100.00 Perenials, 1 Gal. Each $12.00 33.00 396.00 100.00 ARCHITECTURAL 12' Square Precast Concrete Pavers Each $9.50 291.00 2,764.50 88.99 Caf~ Tables Bach $848.00 39.00 33,072.00 156.00 Caf~ Chairs ~.ach $212.00 156.00 33,072.00 156.00 Benches Each $853.00 15.00 12,795.00 78.95 Ash Receptacles Each $382.00 6.00 2,292.00 100.00 Trash Containers Each $634.00 16.00 10,144.00 '100.00 Si[~nal~e & Posts, Including PCC Footing Each $210.00 10.00 2~100.00 50.00 Tree Grates Each $1,500.00 20.00 30,000.00 100.00 Cast Stone Planters ~.ach $7,452.00 10.00 74,520.00 100.00 Cast Stone Gate Structures Each $6,742.00 8.00 53,936.00 100.00 Cast Stone Clock Base Each $8,331.00 4.00 33,324.00 '100.00 Ornamental Metal Railin~ LF $139.13 338.50 47,095.51 138.16 Page 3 Amount ITEM Unit Unit Cost Qt),.to Date Earned to Date % Comp. Ornamental Metal Bike Racks Each $1,700.00 2.00 3,400.00 100.00 MISCELLANEOUS Barriers & Pedestrian Control LS $37,000.00 1.00 37,000.00 100.00 Protection of Existing Facilities LS $5,000.00 1.00 5,000.00 100.00 Mobilization & Mist, LS $82,526.00 1.00 82,526.00 100,00 Trench for Sound Cables LF $5.00 60.00 300.00 100.00 Traffic Control LS $9,244.00 1.00 9,244.00 100.00 ALTERNATES Alternate Bid No. 1: Street Brick Pavers SF $10.00 Alternate Bid No. 2: Precast Concrete Pavers SF $6.43 Alternate Bid No. 3: Removal & Relocation of Trees Each $125.00 EXTRA WORK: Fitting 8xSx6 Anchor Tee Each $ 450.00 2.00 900.00 200,00 Coupling Repair 6" MJ Each $ 300.00 1.00 300.00 100.00 Backfill, Select C.C. 1 LF $ 1.60 3,571.89 I 5,715.02 152.93 Benches-6' (CO #7) Each $ 1,172.00 6.00 7,032.00 100.00 8"Water Main between Eighth and Ninth (CO #8) LS $ 21,280.00 1.00 21,280.00 100.00 Transportation of Paver Bricks (CO #9) LS $ 210.00 1.00 210.00 100.00 Town Clock Pedestal Reinforcing (CO #10) LS $ 6,029.54 1.00 6,029.54 100.00 5" PVC Elbows (CO #11) LS $ 890.00 1.00 890.00 100.00 Junction Box @ 5th St. (CO #12) LS $ 6,692.82 1.00 6,692.82 100.00 Grouting Light Bases & Bollards (CO #13) LS $ 729.50 1.00 729.50 100.00 M-4 Concrete for Street Patching (CO #14) LS $ 1,356.95 1.00 1,356.95 100.00 Basement Cap - 9th & Main St. (CO #15) LS $ 685.50 1.00 685.50 100.00 Transpodation of Paver Bricks, Seeding, Shredded Bark (CO#16) LS $ 1,175.00 1.00 1,175.00 100.00 Asphalt Wedge-Between 9th & 10th Streets (CO#17) LS $ 1,300.43 1.00 1,300.43 100.00 Placing Meter and Sign Posts (CO#18) LS $ 3,437.00 1.00 3,437.00 100.00 Bonus LS $ 75,000.00 1.00 75,000.00 100.00 9th Street Extra Work (CO#19) LS $ 73,479.33 1.00 73,479.33 100.00 Waterproofing (CO#20) LS $ 17,391.75 1.00 17,391.75 100.00 Caulking Along Buildings (CO#21) LS $ 4,468.30 1,00 4,468.30 100.00 PROJECT AMOUNT EARNED 2,110,113.35 TOTAL DUE CONTRACTOR $2,110,113.35 Page 4 CERTIFICATE OF THE CITY MANAGER: hereby certify that the above statement shows in detail the correct ampunt of all work required to complete the above improvement. ~PPROVED: Michael Van Milligen, City Manager City of Dubuque, Iowa :ERTIFICATE OF THE CONTRACTOR: The undersigned, contractor for the above improvement, does hereby accept the above "Total Due Contractor", as full settlement for all claims for said improvement. CONTRACTOR: PORTZEN CONSTRUCTION, INC. TITLE: DATE: /~- ~---~'~- CERTIFICATE OF THE ARCHITECT: hereby certify that the above statement shows in detail the correct ampunt of all work required to complete the above Improvement. IDURRANT GROUP, INC. Page 5 CITY OF DUBUQUE, IOWA MAIN STREET (gth St. 'FO 5th St.) SCHEDULE OF VALUATION AND PROPOSED ASSESSMENTS The following schedule is hereby detcrnfined to show each lot proposed to be assessed for the improvement shown in the title together with the amount proposed to be assessed against each lot and the valuations shown opposite each lot are hereby fixed as the true valuations of such lots by the City Council of the City of Dahuque. PARCEL VALUATION w/ NET PAVING DEFICIENCY GROSS WATER SERVICE TOTAL NET OWNER No. IMPROVEMENT SSESSMENT SSESSMENT ASSESSMENT ASSESSMENT ASSESSMENT Americm~ Trust Saving Bank AmTrust Inc. Americm~ Trust Saving Bank Town Clock Building Company c/o John Butler Security Partners L.P. Graham Brothers Partnership Security Partners L.P. 10.24.468.00 $2,147,477.37 10.24.468.00 $116,193.36 10.24.468.90 $1,984,880.37 10.24.468.00 $211,060.37 10.24.468.00 $106,400.37 10.24.469.00 $424,298.83 I0.24.469.00 $2,140,541.51 $13,937.37 $0.00 $12,803.36 $0.00 $13,370.37 $0.00 $13,370.37 $0.00 $13,370.37 $0.00 $23,688.83 $0.00 $39,021.51 $0.00 $13,937.37 $0.00 $12,803.36 $0.00 $131370.37 $0.00 $13,370.37 $0.00 $13,370.37 $0.00 $23,688.83 $0.00 $39,021.51 $0.00 $13,937.37 $12,803.36 $13,370.37 $13,370.37 $13,370.37 $23,688.83 $39,021.51 Banner Investments First Judicial District Department Of Correction Service Hartig, Riahard & Brenda Steele, Michael D. Steele, Michael D. Steele, Michael D. Plastic Center Dubuque TV Limited Partnership Stuer, John F. NICC 10.25.204.00 $1,099,080.47 10.25.204.00 $122,851.42 10.25.204.00 $223,955.52 10.24.470.00 $147,966.55 10.24.470.00 $80,337.15 10.25.205.00 $163,521.72 10.25.205.00 $90,369.74 10.25.205.00 $160~75.26 10.25.205.00 $120,988.49 10.25.205.00 $642,046.27 $32,750.47 $0.00 $12,411.42 $0.00 $21,645.52 $0.00 $9~06.55 $0.00 $5j87.15 $0.00 $10,451.72 $0.00 $6,009.74 $0.00 $9,145.26 $0.00 $9,798.49 $0.00 $19,696.27 $0.00 $32,750.47 $0.00 $12,411.42 $0.00 $21,645.52 $0.00 $9,406.55 $0.00 $5,487.15 $0.00 $10,451.72 $0.00 $6,009.74 $0.00 $9,145.26 $0.00 $9,798.49 $0.00 $19,696.27 $0.00 $32,750.47 $12,411.42 $21,645.52 $9,406.55 $5,487.15 $10,451.72 $6,009.74 $9,145.26 $9,798.49 $19,696.27 United Way Services Manchester Center Associates c/o Levit Properties/K Eberly City of Dahuque City of Dubuque Minglewood Ltd. Partnership 10.25.209.00 $1,152,114.81 10.25.210.00 $2,251,672.39 10.25.210.00 $28,048.45 10.25.212.00 $308,190.43 10-25-231-00 $9,006,902.14 $52,864.81 $0.00 $52,864.81 $0.00 $74,442.39 $0.00 $74,442.39 $0.00 $5,748.45 $0.00 $5,748.45 $0.00 $62,770.43 $0.00 $62,770.43 $0.00 $62,752.14 $0.00/ $62,752.14 $0.00 1 $52,864.81 $74,442.39 $5,748.45 $62,770.43 $62,752.14 524,942.99 0.00 524,942.99 0.00 524,942.99 December 20, 2002 TO: KAREN M. CHESTERMAN DEPUTY CITY CLERK The undersigned hereby acknowledged receipt of the certified copy of Resolution No. 658-02 "Resolution Adopting the Final Assessment Schedule for the Main Street Reconstruction Project- Fifth to Ninth Streets" including certain information required by the Code of Iowa, specifically, the number of annual installments into which assessments are divided, the interest on all unpaid installments, the time when the assessments are payable and directing the Clerk to certify the Final Schedule and to publish Notice thereof. Dated at Dubuque County Treasurer's Office this 20th day of December, 2002.' ~)ubuque'County Treasurer's Office American Trust & Savings Bank 895 Town Clock Plaza Dubuque, Iowa 52001 American Trust & Savings Bank 895 Town Clock Plaza Dubuque, Iowa 52001 Security Partners, bP. 300 Security Building Dubuque, Iowa 52001 Security Partners, L.P. 300 Security Building Dubuque, Iowa 52001 First Judicial District Department Of Correction Service 314 East 8th Street Waterloo, Iowa 50704 Steele, Michael D. 788 Main Street Dubuque, Iowa 52001 Steele, Michael D. 788 Main Street Dubuque, Iowa 52001 Dubuque TV Limited Partnership 744 Main Street Dubuque, Iowa 52001 NICC Box 400 HWY 151 Calmar, Iowa 52132 Manchester Center Associates C/0 Levit Properties/K Ebedy 402-412 Route 23 Franklin, NJ 74160 Graham Brothers Partnership 890 Main Street Dubuque, Iowa 52001 American Trust Inc. 895 Town Clock Plaza Dubuque, Iowa 52001 Banner Investments 1473 Central Avenue Dubuque, Iowa 52001 Town Clock Building Company C/0 John Butler 300 Security Building Dubuque, Iowa 52001 Hartig, Richard & Brenda 560 Villa Street Dubuque, Iowa 52001 Steele, Michel D. 788 Main Street Dubuque, Iowa 52001 Plastic Center 290 Main Street Dubuque, Iowa 52001 Stuer, John F. 728 Town Clock Plaza Dubuque, Iowa 52001 United Way Services 215W. 6~ Dubuque, Iowa 52001 City of Dubuque 50 W. 13th Street Dubuque, Iowa 52001 City of Dubuque 50 W. 13th Street Dubuque, Iowa 52001 Minglewood Ltd. Partnershi p N. 2210 Alta Vista Drive Lake Geneva, WI 54137 Main Street Final Assessment 12-16-02 Property Owner: Assessed Address: Mailing Address: Subdivision: Legal Description: Parcel Number: Valuation with Improvement: American Trust Savings Bank 895 Main Street 895 Main Street Dubuque, IA 52001 City Lot 51 & N. 2'2" of City Lot 52 10.24.468.005 $2,147,477.37 Public Improvements Assessment Net Paving Assessment: Sidewalk Assessment: Sanitary Sewer Assessment: Watermain Assessment: Gross Assessment: $13,937.37 $0.00 $0.00 $0.00 $13,937.37 Deficiency Assessment: $ o.oo (-) Private Improvements Assessment Water Service Lateral: Sanitary Sewer Service Lateral: Total Private Improvement: $0.00 TOTAL Net Assessment: $'13,937.37 Main Street Final Assessment 12-16-02 Property Owner: Assessed Address: Mailing Address: Subdivision: Legal Description: Parcel Number: Valuation with Improvement: AmTrust Inc. 855 Main Street 895 Main Street Dubuque, IA 52001 N. 33' - S. 49' & S. 16' of 49' of City Lot 52; N1/2 and S1/2 of City Lot 53 10.24.468.006 $116,193.36 Public Improvements Assessment Net Paving Assessment: Sidewalk Assessment: Sanitary Sewer Assessment: Watermain Assessment: Gross Assessment: $12,803.36 $0.00 $0.00 $0.00 $12,803.36 Deficiency Assessment: $ 0.oo (-) Private Improvements Assessment Water Service Lateral: Sanitary Sewer Service Lateral: Total Private Improvement: TOTAL Net Assessment: $ $ $0.00 $12~803.36 Main Street Final Assessment 12-16-02 Property Owner: Assessed Address: Mailing Address: Subdivision: Legal Description: Parcel Number: Valuation with Improvement: American Trust Saving Bank 855 Main 895 Main Street Dubuque, IA 52001 N. 33' of S. 49' and S. 16' of S. 49' of City Lot 52 and Nl/2 & Sl/2 of City Lot 53 10.24.468.901 $1,984,880.37 Public Improvements Assessment Net Paving Assessment: Sidewalk Assessment: Sanitary Sewer Assessment: Watermain Assessment: Gross Assessment: $13,370.37 $o.oo $0.00 $0.00 $13,370.37 Deficiency Assessment: $ o.oo (-) Private Improvements Assessment Water Service Lateral: Sanitary Sewer Service Lateral: Total Private Improvement: TOTAL Net Assessment: $ $ $0.00 $137370.37 Main Street Final Assessment 12-16-02 Property Owner: Assessed Address: Mailing Address: Subdivision: Legal Description: Parcel Number: Valuation with Improvement: Town Clock Building Company Cio JOhn BUtler 823 Main 300 Security Bldg. Dubuque, IA 52001 Ci~Lot 54 10.24.468.007 $211,060.37 Public Improvements Assessment Net Paving Assessment: Sidewalk Assessment: Sanitary Sewer Assessment: Watermain Assessment: Gross Assessment: $13,370.37 $0.00 $0.00 $0.00 $13.370.37 Deficiency Assessment: $ 0.oo (-) Private Improvements Assessment Water Service Lateral: Sanitary Sewer Service Lateral: Total Private Improvement: TOTAL Net Assessment: $ $0.00 $13,370.37 Main Street Final Assessment 12-16-02 Property Owner: Assessed Address: Mailing Address: Subdivision: Legal Description: Parcel Number: Valuation with Improvement: Security Partners L.P. 803 Main 300 Security Bldg. Dubuque, IA 52001 City Lot 55 10.24.468.008 $106,400.37 Public Improvements Assessment Net Paving Assessment: Sidewalk Assessment: Sanitary Sewer Assessment: Watermain Assessment: Gross Assessment: Deficiency Assessment: $ $13,370.37 $o.oo $o.oo $o.oo $13,370.37 0.00 (-) Private Improvements Assessment Water Service Lateral: Sanitary Sewer Service Lateral: Total Private Improvement: TOTAL Net Assessment: $ $ $o.oo ~13~370.37 Main Street Final Assessment 12-16-02 Property Owner: Assessed Address: Mailing Address: Subdivision: Legal Description: Parcel Number: Valuation with Improvement: Graham Brothers Partnership 890 Main 890 Main Dubuque, IA 52001 Block 10 Dubuque Downtown Plaza 10,24.469.001 $424,298.83 Public Improvements Assessment Net Paving Assessment: Sidewalk Assessment: Sanitary Sewer Assessment: Watermain Assessment: Gross Assessment: $23,688.83 $o.oo $o.oo $o.oo $23,688.83 Deficiency Assessment: $ 0.00 (-) Private Improvements Assessment Water Service Lateral: Sanitary Sewer Service Lateral: Total Private improvement: TOTAL Net Assessment: $ $ $o.oo $23~688.83 Main Street Final Assessment Property Owner: Assessed Address: Mailing Address: Subdivision: Legal Description: Parcel Number: Valuation with Improvement: Security Partners L.P. 800 Main 300 Security Bldg. Dubuque, IA 52001 12-16-02 City Lot 29, 30 and Sl/3 of City Lot 31 10.24.469.002 $2,140,541.51 Public Improvements Assessment Net Paving Assessment: Sidewalk Assessment: Sanitary Sewer Assessment: Watermain Assessment: Gross Assessment: $39,021.51 $0.0o $o.oo $o.oo $39,021.51 Deficiency Assessment: $ o.oo (-) Private Improvements Assessment Water Service Lateral: Sanitary Sewer Service Lateral: $ $ Total Private Improvement: $0.00 TOTAL Net Assessment: $39,021.51 Main Street Final Assessment 12-16-02 Property Owner: Assessed Address: Mailing Address: Subdivision: Legal Description: Parcel Number: Valuation with Improvement: Banner Investments 799 Main 1473 Central Dubuque, IA 52001 City Lot 56 & 57 and N. 23' of City Lot 58 10.25.204.002 $1,099,080~47 Public Improvements Assessment Net Paving Assessment: Sidewalk Assessment: Sanitary Sewer Assessment: Watermain Assessment: Gross Assessment: $32,750.47 $0.o0 $o.oo $0.00 $32,750.47 Deficiency Assessment: $ o.oo (-) Private Improvements Assessment Water Service Lateral: Sanitary Sewer Service Lateral: Total Private Improvement: TOTAL Net Assessment: $ $ $o.oo $327750.47 Main Street Final Assessment 12-16-02 Property Owner: Assessed Address: Mailing Address: Subdivision: Legal Description: Parcel Number: Valuation with Improvement: First Judicial District Department Of Correction Service 745 Main 314 East 8th. Street Waterloo, IA 50704 S. 28'2" of City Lot 58; N. 19'9" of City Lot 59 10.25.204.003 $122,851.42 Public Improvements Assessment Net Paving Assessment: Sidewalk Assessment: Sanitary Sewer Assessment: Watermain Assessment: Gross Assessment: $12,411.42 $o.oo $o.oo $o.oo $12,411.42 Deficiency Assessment: $ o.oo (-) Private Improvements Assessment Water Service Lateral: Sanitary Sewer Service Lateral: Total Private Improvement: TOTAL Net Assessment: $ $ $o.oo 2,41 t .42 Main Street Final Assessment 12-16-02 Property Owner: Assessed Address: Mailing Address: Subdivision: Legal Description: Parcel Number: Valuation with Improvement: Hartig, Richard & Brenda 703 Main 560 Villa St. Dubuque, IA 52001 S. 31'5" of City Lot 59 and City Lot 60 10.25.204.004 $223,955.52 Public Improvements Assessment Net Paving Assessment: Sidewalk Assessment: Sanitary Sewer Assessment: Watermain Assessment: Gross Assessment: $21,645.52 $o.oo $0.00 $0.00 $21,645.52 Deficiency Assessment: $ 0.00 (-) Private Improvements Assessment Water Service Lateral: Sanitary Sewer Service Lateral: Total Private Improvement: TOTAL Net Assessment: $ $ $0.00 $217645.52 Main Street Final Assessment 12-16-02 Property Owner: Assessed Address: Mailing Address: Subdivision: Legal Description: Parcel Number: Valuation with Improvement: Steele, Michael Di 790 Main 788 Main St. Dubuque, IA 52001 City Lot 28 10.24.470.001 $147,966.55 Public Improvements Assessment Net Paving Assessment: Sidewalk Assessment: Sanitary Sewer Assessment: Watermain Assessment: Gross Assessment: Deficiency Assessment: $ $9,406.55 $0.00 $o.oo $o.oo $9,406.55 0.00 (-) Private Improvements Assessment Water Service Lateral: Sanitary Sewer Service Lateral: Total Private Improvement: TOTAL Net Assessment: $ $ $0.00 $9~406.55 Main Street Final Assessment 12-16-02 Property Owner: Assessed Address: Mailing Address: Subdivision: Legal Description: Parcel Number: Valuation with Improvement: Steele, Michael D. 784 Main 788 Main St. Dubuque, IA 52001 N. 21' of City Lot 28A 10.24.470.002 $80,337.15 Public Improvements Assessment Net Paving Assessment: Sidewalk Assessment: Sanitary Sewer Assessment: Watermain Assessment: Gross Assessment: Deficiency Assessment: $ $5,487.15 $o.oo $o.oo $0.00 $5,487.15 0.00 (-) Private Improvements Assessment Water Service Lateral: Sanitary Sewer Service Lateral: Total Private Improvement: TOTAL Net Assessment: $ $ $0.00 $5,487.15 Main Street Final Assessment 12-16-02 Property Owner: Assessed Address: Mailing Address: Subdivision: Legal Description: Parcel Number: Valuation with Improvement: Steele, Michael D. 768 Main 788 Main St. Dubuque, IA 52001 N. 33' of City Lot 27 and S. 7' of City Lot 28A 10.25.205.001 $163,521.72 Public Improvements Assessment Net Paving Assessment: Sidewalk Assessment: Sanitary Sewer Assessment: Watermain Assessment: Gross Assessment: $10,451.72 $o.oo $o.oo $0.00 $10,451.72 Deficiency Assessment: $ o.oo (-) Private Improvements Assessment Water Service Lateral: Sanitary Sewer Service Lateral: Total Private Improvement: TOTAL Net Assessment: $ $ $0.00 $10,451.72 Main Street Final Assessment 12-16-02 Property Owner: Assessed Address: Mailing Address: Subdivision: Legal Description: Parcel Number: Valuation with Improvement: Plastic Center 756 Main 290 Main St. Dubuque, IA 52001 S. 23' of City Lot 27 10.25.205.002 $90,369.74 Public Improvements Assessment Net Paving Assessment: Sidewalk Assessment: Sanitary Sewer Assessment: Watermain Assessment: Gross Assessment: Deficiency Assessment: $ $6,009.74 $0.00 $0.00 $0.00 $6,009.74 0.00 (-) Private Improvements Assessment Water Service Lateral: Sanitary Sewer Service Lateral: Total Private Improvement: TOTAL Net Assessment: $ $ $0.00 $6,009.74 Main Street Final Assessment 12-16-02 Property Owner: Assessed Address: Mailing Address: Subdivision: Legal Description: Parcel Number: Valuation with Improvement: Dubuque TV Limited Partnership 744 Main St. 744 Main St. Dubuque, IA 52001 N. 26 %' of City Lot 26 and City Lot 27A 10.25.205.003 $160,475.26 Public Improvements Assessment Net Paving Assessment: Sidewalk Assessment: Sanitary Sewer Assessment: Watermain Assessment: Gross Assessment: $9,145.26 $o.oo $o.oo $0.00 $9,145.26 Deficiency Assessment: $ 0.00 (-) Private Improvements Assessment Water Service Lateral: Sanitary Sewer Service Lateral: Total Private Improvement: TOTAL Net Assessment: $ $ $o.oo $9~145.26 Main Street Final Assessment 2-16-02 Property Owner: Assessed Address: Mailing Address: Subdivision: Legal Description: Pamel Number: Valuation with Improvement: Stuer, John F. 730 Main 728 Town Clock Plaza Dubuque, IA 52001 S. 37 ~' of City Lot 26 10.25.205.004 $120,988.49 Public Improvements Assessment Net Paving Assessment: Sidewalk Assessment: Sanitary Sewer Assessment: Watermain Assessment: Gross Assessment: Deficiency Assessment: $ $9,798.49 $0.00 $o.oo $o.oo $9,798.49 0.00 (-) Private Improvements Assessment Water Service Lateral: Sanitary Sewer Service Lateral: Total Private Improvement: TOTAL Net Assessment: $ $ $0.00 $9,798.49 Main Street Final Assessment 12-16-02 Property Owner: Assessed Address: Mailing Address: Subdivision: Legal Description: Parcel Number: Valuation with Improvement: Northeast Iowa Community College 700 Main Box 400 HWY 151 Calmar, IA Block 11 Dubuque Downtown Plaza 10.25.205.005 $642,046.27 Public Improvements Assessment Net Paving Assessment: Sidewalk Assessment: Sanitary Sewer Assessment: Watermain Assessment: Gross Assessment: $19,696.27 $o.oo $o.oo $o.oo $19,696.27 Deficiency Assessment: $ 0.00 (-) Private Improvements Assessment Water Service Lateral: Sanitary Sewer Service Lateral: Total Private Improvement: TOTAL Net Assessment: $ $ $0.00 $'197696.27 Main Street Final Assessment 12-16-02 Property Owner: Assessed Address: Mailing Address: Subdivision: Legal Description: Parcel Number: Valuation with Improvement: United Way Services 633 Main 215 W. 6th Dubuque, IA 52001 Block 18 Dubuque Downtown Plaza 10.25.209.004 $1,152,114.81 Public Improvements Assessment Net Paving Assessment: Sidewalk Assessment: Sanitary Sewer Assessment: Watermain Assessment: Gross Assessment: $52,864.81 $0.00 $0.00 $0.00 $52,864.81 Deficiency Assessment: $ 0.00 (-) Private Improvements Assessment Water Service Lateral: Sanitary Sewer Service Lateral: Total Private Improvement: TOTAL Net Assessment: $0.00 $52~864.81 Main Street Final Assessment 12-16-02 Property Owner: Assessed Address: Mailing Address: Subdivision: Legal Description: Parcel Number: Valuation with Improvement: Manchester Center Associates C/O Levit Properties/K Eberly 680 Main 402-412 Route 23 Franklin NJ. 74160 Block 12 and Lot 1 Block 12A Dubuque Downtown Plaza 10.25.210.001 $2,251,672.39 Public Improvements Assessment Net Paving Assessment: Sidewalk Assessment: Sanitary Sewer Assessment: Watermain Assessment: Gross Assessment: $74,442.39 $0.00 $0.00 $0.00 $74,442.39 Deficiency Assessment: $ o.oo (-) Private Improvements Assessment Water Service Lateral~ Sanitary Sewer Service Lateral: Total Private Improvement: TOTAL Net Assessment: $ $ $0.00 $747442,39 Main Street Final Assessment 12-16-02 Property Owner: Assessed Address: Mailing Address: Subdivision: Legal Description: Parcel Number: Valuation with Improvement: City of Dubuque 50 W. 13 Street 50 W. 13 Street Dubuque, IA 52001 Lot 2 Block 12A Dubuque Downtown Plaza 10.25.210.002 $28,048.45 Public Improvements Assessment Net Paving Assessment: Sidewalk Assessment: Sanitary Sewer Assessment: Watermain Assessment: Gross Assessment: $5,748.45 $o.oo $o.oo $o.oo $5,748.45 Deficiency Assessment: $ o.oo (-) Private Improvements Assessment Water Service Lateral: Sanitary Sewer Service Lateral: Total Private Improvement: TOTAL Net Assessment: $ $ $0.00 $5~748.45 Main Street Final Assessment 12-16-02 Property Owner: Assessed Address: Mailing Address: Subdivision: Legal Description: Parcel Number: Valuation with Improvement: City of Dubuque 50 W. 13 Street 50 W. 13 Street Dubuque, IA 52001 Block 17 Dubuque Downtown Plaza 10.25.212.003 $308,190.43 Public Improvements Assessment Net Paving Assessment: Sidewalk Assessment: Sanitary Sewer Assessment: Watermain Assessment: Gross Assessment: $62,770.43 $0.00 $0.00 $0.00 $62,770.43 Deficiency Assessment: $ 0.00 (-) Private Improvements Assessment Water Service Lateral: Sanitary Sewer Service Lateral: Total Private Improvement: TOTAL Net Assessment: $ $ $0.00 $62~770.43 Main Street Final Assessment 12-16-02 Property Owner: Assessed Address: Mailing Address: Subdivision: Legal Description: Parcel Number: Valuation with Improvement: Minglewood Ltd: Partnership 500 Main N. 2210 Alta Vista Drive Lake Geneva, WI 54137 Block 13 Lot 1 Dubuque Downtown Plaza 10.25.231.002 $9,006,902~14 Public Improvements Assessment Net Paving Assessment: Sidewalk Assessment: Sanitary Sewer Assessment: Watermain Assessment: Gross Assessment: $62,752.14 $o.oo $0.00 $0.00 $62,752.14 Deficiency Assessment: $ 0.00 (-) Private Improvements Assessment Water Service Lateral: Sanitary Sewer Service Lateral: Total Private Improvement: TOTAL Net Assessment: $ $ $0.00 ~62,752.14 Finance Department City Hall 50 West 13th Street Dubuque, Iowa 52001-4864 November 5, 2003 Mr. Eric Stierman Dubuque County Treasurer Courthouse 720 Central Ave. Dubuque, IA 52001 Dear Eric: City of Dubuque resolution Number 658-02 adopted the schedule of final assessments for the Main Street reconstruction project — 5th to 9th Streets. The City collected assessment payments from a number of property owners and provided a list of unpaid assessments to you. The list inadvertently included an assessment for $62,752.14 for parcel number 10-25-231-00 (Minglewood Ltd. Partnership). The City received telephone contact from Carolyn Winkler of the Cigna Companies. Carolyn indicated that Connecticut General Life Insurance Company (Cigna) had paid the entire assessment in January 2003. After additional review of our records, it was determined that the payment for $62,752.14 was received on January 21, 2003, however the credit was inadvertently miscoded. Accordingly, I am requesting that the County records be adjusted to reflect that there is not anything owed at this time on the Main Street reconstruction assessment for parcel number 10-25-231-00. If you have any questions on this issue, please feel free to contact me at 589-4133. Sincerely, Ken TeKippe Finance Director KT/jg cc: Carolyn Winkler, Cigna Companies Jeanne Schneider, City Clerk Service People Integrity Responsibility Innovation Teamwork BARRY A, LINDAHL, ES\Q. CORPORATION COUNSEL~,CITY OF DUBUQUE MEMO TO: DATE: RE: Michael Van Milligen City Manager May 1, 2003 Main Street Assessment Mike: The check issued to the Dubuque County Treasurer appears to resolve this matter. They have paid the principal amount of the assessment to the County Treasurer but not the interest. If there is any dispute, it would now be between the County and State. Attachment cc: Jeanne Schneider, City Clerk Mike Koch, Public Works Director SUITE 330, HARBOR VIEVV PLACE, 300 MA~N STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 5834113 / FAX (563) 583-1040 / EMAIL BALESQ{~CFr¥OFDUBUQUE.ORG MEMBERS OF COUNCIL HON THOMAS J. '¢ILSACK GOVERNOR HON. CHESTER J. CULVER SECRETARY OF STATE HON. DAVID A. VAUDT April 1 t, 2003 CAPITOL BUILDING DES MOINES, IOWA 50319 PHONE: 515 281 5368 Ms. Cindy Studnicka Division Manager Administration Department of Correctional Services 314 East 6th Street P. O. Box 4030 Waterloo, IA 50704 Dear Cindy: Please find enclosed a replacement warrant for warrant no. 07342858 which was issued to the City of Dubuque on March 4, 2003 in the mount of$12,411.42 for the assessment costs regarding the Main Street Reconstruction Project, Fifth to Ninth Streets in Dubuque, IA. The new warrant has been issued to the Dubuque County Treasurer per the instructions in a letter to you from Mr. Barw A. Lindahl, Esq. dated March 21, 2003. Please also find attached a copy of a memo that I received from Michael H. Smith, Assistant Attorney General dated April 5, 2000 in regard to the payment of interest costs or other fees by the State. Please note that the enclosed check does not and will not include payment for any interest per Mr. Smith's letter. If you have questions or I can be of further assistance on this matter, please do not hesitate to call. Sincerely, Exect~ive Council of O~rgA~,Madsen E~Cenfi'~e Secretary CC; Michael H. Smith, Assistant Attorney General Michael Savala, Department of Corrections Barry A. Lindahl, Esq. City of Dubuque ~/ Michael Van Milligen, City Manager, City of Dubuque MEMO from: Michael H. Smith ~} ~ Assistant Attorney General Iowa Department of Justice -. EnvZironmentai Law Division Executive Hills East - 2nd Floor; 1223 E. Court Ave. State Capitol Complex Des Moines, IA 50319 TEL: 515-281-5263 FAX: 515-242-6072 April 5, 2000 TO: GeorgAnna Madsen, Admini.~trafive Secretary Executive Council of Iowa Capitol Bldg. L O C A L RE: Interest, costs and ' property admlmstrative fees on drainage taxes assessed against State-owned This memo confirms previous advice concerning/nterest, costs and administrative fees wkich sometimes are included in county treasurers' statements of drainage taxes due on State-owned Iands under the jurisdiction ortho Department of Natural Resources. Attorneys in this office previously have advised that the applicable statutes authorizing levies of spec/al assessments against State* owned real estate do not authorize payment of interest, costs or administrative fees. Authority for payment 6f principal amount of drainage taxes. Iowa Code section 468.43 authorizes the Executive Council to pay fxom unappropriated funds in the General Fund drainage district assessments in the mounts levied against State-owned lands under the jurisdiction of the DNR as certified on the county treasurers' tax statements. The statute is silent concerning authority to pay interest, costs or other fees or charges in addition to the principal amount of the assessment. Previous advice that payment of assessments and'related fees is not authorized absent express consent. Attorneys from this office have long and consistently advised the Executive Council and the Department of TranSPortation (and its predecessor agency) that the limited waiver of sovereign immunity in section 468.43 should not be inte,-~,reted to a- ~'---' _ .. · v umunze payment ollnterest, costs or other fees or charges related to drainage d{strict assessments. We have given the same advice concerning the limited waiver of sovereign immunity in Iowa Code section 307.45 which is generally applicable to special assessments levied against State-owned real estate. Two principles underlie the advice given previouslyl First, absent legislative waiver the State and its agencies are immune from suit for collection of taxes or assessments levied by political subdivisions. Polk County Savinq~ l~ank v._S~ 69 Iowa 24, 28 N.W. 416 (1886) (CiW of Des Moines lacked authority to levy sewer assessm, ents against State Capitol grounds). The second, related, principle is that the State's sovereign ~mmunity is waived only to the extent expressly provided by the legislature. 8~ee ~ 434 N.W.2d 88 I,.886 (Iowa I989), cert. den. 493 U.S. 869, 110 S.Ct. 194, 107 L.Ed.2d 149 (tort ac~on properly dmmissed as b 1Lmitations). arred by statute of GeorgAnna Madzen April 5, 2000 Page 2 Interest and cost~ of publishing notice of delinquent drainage taxes Section 468.43 does not expressly authorize payment of interest on delinquent dra/nage Absent express legislative authorization the ,qtate i ............ taxes. .......... ~ .ctut ~laole Ior any such lnterest payment. Section 468.43 does not authorize payment of costs of publication ora notice of tax sale. Moreover, Iowa Code section 446.7 expressly prohibits county treasurers fi:om offering or selling State-owned land at tax sale. AdministratiYe expense fees Iowa Code section 331.553(4) authorizes a county treasurer to "It]barge five dollars, as an dm~mstrative e ense for e · . xp , very.., special a~sessment ~ to the collection. · . treasurer for [Emphasis added]. I°wa C°de anbsection 445.1 (6) defines "taxes, to include ,a special assessment" a~d "a drainage tax,,. Iowa Code section 445.28 provides that "taxes upon a parcel are alien on the parcel again,st all persons ~.- [Emphasis added]. Since drainage district assessments are not liens against thc State and cannot be so certified, Sect/on 331.553(4) does not authorize a county treasurer to charge administrative costs relating to drainage district assessments on State-owned land. have prowded this informal advlce m response to your telephone inquiry only. This advioe is not an opinion o£the Attorney General. If members of the Executive Council have questions they may wish to seek advice from the Deputy Attorney Gen~eral who is assigned to represent them. cc: Deputy Attorney General Julie Pottorff